S.K. Chakraborty, J. - (1.) The present revisional application has been filed praying for quashing of the entire proceeding including charge sheet filed in connection with Karimpur Police Station Case No. 77 of 2007 dated 23.10.2007 corresponding to G. R. Case No. 531 of 2007 now pending before the Court of learned Additional Chief Judicial Magistrate, Tehatta, Nadia.
(2.) The Petitioner contends that on the basis of a written complaint dated 23.10.2007 the aforesaid case was started on the allegation made by Gour Kishor Roy, the de facto complainant, alleging inter alias, that his daughter Yogmaya Biswas (Roy), aged about 38 years was given marriage to Ashis Biswas on 18th Falgun 1412 BS. But immediately after the marriage she was subjected to mental and physical torture. On 22.01.2007 at about 9:30 PM the de facto complainant came to know that the accused persons murdered his daughter and some unknown persons left the body of the deceased at Karimpur Hospital. On receipt of such complaint by the Police Station concerned investigation was undertaken and ultimately charge sheet has been filed under Sec. 498A/306 IPC by the IO against six accused persons including the present Petitioner. On receipt of such charge sheet No. 12 of 2008 dated 09.02.2008 the learned Additional Chief Judicial Magistrate, Tehatta took cognizance of the offence on 12.02.2007 under Sec. 498A/306/34 IPC and fixed 16.06.2008 for supply of copy and appearance of the case.
(3.) Being aggrieved by and dissatisfied with such order the Petitioner herein has prayed for quashing the proceeding against him since he is not directly connected with the alleged offence of torture or suicide, as the case may be. In fact, he is a friend of the husband of the victim and had no occasion to take part in the alleged mental or physical torture upon the victim since her marriage or involved in any act in any way which has instigated the victim to commit suicide. Therefore, continuation of such proceeding against him will be mere an abuse of the process of law and harassment of the Petitioner for which he has prayed for quashing the same.;